United States · United States Congress · 6 March 1991
California Fish and Wildlife Protection Act of 1991 - Title I: Upper Sacramento River - Directs the Secretary of the Interior to establish a ten-year program to restore salmon and steel head trout populations, reestablish a continuous riparian ecosystem, and meet specified goals for anadromous fisheries along the Sacramento River, and its California tributaries, and its drainage basin above the confluence with the Feather River. Establishes the Upper Sacramento River Fisheries Task Force to assist the Secretary and coordinate activities with governmental and private anadromous fish restoration projects within the basin. Terminates the Task Force on September 30, 2000. Title II: Central Valley of California - Directs the Secretary of the Interior (Secretary) to implement a program to restore the population and habitat of migratory birds and anadromous fisheries in the Central Valley, California. Requires that the Secretary, every three years, review and make such adjustments to assure that fish, wildlife, and habitat restoration goals are met and provide a copy of such review to specified congressional committees. Requires the Secretary to deliver dependable water supplies of suitable quality to certain Central Valley refuges, including additions to refuges or refuges in the Central Valley not included in the Refuge Water Supply Report. Requires the Secretary to complete plans for the recovery of endangered species in the Central Valley. Authorizes the Secretary to provide water to other Federal, State, and private wetlands and other fish and wildlife habitats in the Central Valley. Title III: Commission on Central Valley Fish and Wildlife Restoration - Establishes the Commission on Central Valley Fish and Wildlife Restoration to examine and make recommendations on Federal and State actions to restore fish and wildlife in the Central Valley to meet the goals of this Act. Terminates the Commission on January 1, 2000, or earlier if the Secretary determines the goals of this Act have been substantially completed. Requires, on termination, that all records and materials of the Commission be transferred to the National Archives and Records Administration. Title IV: General Provisions - Declares the national interest with regard to water conservation in the Central Valley. Requires a report on administrative inhibitions on water conservation by Central Valley Project contractors, and actions which could remove barriers to conservation. Authorizes the Secretary to encourage water conservation by contractors through incentives, pricing, and other measures. Authorizes the Secretary of Energy, acting through the Administrator of the Western Area Power Administration, to utilize power from the Central Valley Project power generation facilities to meet the requirements of this Act. Reserves a minimum portion of the transmission capacity of the Harold T. (Bizz) Johnson California-Pacific Northwest Intertie line to serve the needs of Department of Energy laboratories and wildlife refuges in California. Provides for citizen suits to enforce this Act. Requires fish and wildlife habitat lost as a result of construction or operation of the Project to be replaced with ecologically equivalent habitat before or at the same time as it is lost. Authorizes appropriations. Directs the Secretary to study and implement cost allocations of the Project, including the provisions of this Act.
United States · United States Congress · 6 March 1991
Higher Education Technical Amendments of 1991 - Amends the Higher Education Act of 1965 (HEA) to eliminate references to "ability-to-benefit" students in definitions of vocational school (for purposes of the Stafford loan program), proprietary institution and postsecondary institution (for purposes of all student assistance under HEA), and institution of higher education (for purposes of HEA in general). Eliminates "ability-to-benefit" provisions. Requires independent testing of students who are not high school graduates, for purposes of eligibility for any grant, loan, or work assistance under HEA student assistance provisions. Eliminates any statute of limitations for collection of student loan repayments or grant overpayments under HEA student assistance provisions. Directs the Secretary of Education (the Secretary) to waive or modify any statutory or regulatory provision applicable to HEA student assistance programs to ensure that those serving on active duty in connection with Operation Desert Shield or Desert Storm: (1) are not placed in a worse position financially in relation to their Stafford or Perkins loans because of such service; (2) have administrative burdens eased and avoid inadvertent technical defaults with respect to student loans under HEA title IV; and (3) do not have their future eligibility for Pell Grants reduced by the amount of assistance awarded for the instruction period they were unable to complete because of such service. Directs the Secretary to publish notice of such waivers or modifications. Expresses the sense of the Congress that all institutions offering postsecondary education should provide at least a pro rata refund or credit for tuition and fees for that portion of an instruction period that any Armed Force or Reserve member was unable to complete because of active duty service in connection with Operation Desert Shield or Desert Storm. Directs the Secretary to: (1) encourage institutions to provide such refunds or credits; and (2) report to the appropriate congressional committees on their actions, including information received regarding any institutions not providing such refunds or credits. Terminates on September 30, 1997, provisions of this Act relating to Operation Desert Shield or Storm student assistance waiver authority and tuition refunds or credits. Amends the Adult Education Act (AEA) to provide for education programs for commercial drivers. Authorizes the Secretary to make competitive matching grants for adult education programs which increase the literacy skills of eligible commercial drivers so that they may successfully complete the knowledge test requirements under the Commercial Motor Vehicle Safety Act of 1986. Requires grantees to refer individuals identified as having literacy skills problems to appropriate adult education programs. Authorizes appropriations for FY 1991 through 1993 for such grants. Directs the Secretary to treat the University of Detroit Mercy of Detroit, Michigan, as an eligible institution under part A (Strengthening Institutions) of title III (Institutional Aid) of HEA for purposes of assistance to institutions under other programs.
United States · United States Congress · 6 March 1991
Universal Health Care Act of 1991 - Amends the Social Security Act to add a new title XXI (National Health Insurance) to establish a national, single-payer health insurance program under which every U.S. citizen would be eligible for enrollment. Allows individuals to choose their own health care providers from among those providers participating in the program. Provides for comprehensive health care under the program with the following benefits provided without any payment of coinsurance or deductibles: (1) inpatient hospital services; (2) nursing facility services; (3) home health services; (4) hospice care; (5) medical care; (6) prescription drugs and biologicals; (7) preventive health services; (8) home and community-based services; (9) mental health care; and (10) such other medical or health care items or services as the Secretary of Health and Human Services determines to be appropriate. Incorporates into the National Health Care program various practice guidelines and trust fund administrative provisions under the Medicare program (title XVIII of the Social Security Act) as well as Medicare-related provisions in titles XI and II (Old Age, Survivors and Disability Insurance) (OASDI) of the Act, including those provisions relating to outcomes of research and peer review under title XI and administration of OASDI and Medicare trust funds under title II. Outlines provisions regarding payments to providers. Provides monthly payments to hospitals and nursing homes on the basis of prospective global budgets established annually after review by the State advisory board and approval by the designated government agency. Provides payment to physicians and other health care professionals according to fee schedules established by the Secretary and adjusted by geographic region. Provides payment for health care (including hospice care) furnished outside of a hospital or nursing home on the basis of either global budgets or fee schedules, or instead on the basis of another prospective payment method (including capitation) which has been approved and reviewed as appropriate. Restricts payments to Federal health care services providers. Requires health care providers to accept payments under the program for items and services as payment in full. Changes the functions of the Prospective Payment Assessment Commission and the Physician Payment Review Commission (renamed the Professional Payment Review Commission) to require such bodies to instead furnish advice to the Secretary, concerning the global budgets of hospitals and nursing homes and fee schedules of physicians and other health care professionals. Creates the Long-Term Care Payment Review Commission and the General Health Care Payment Review Commission to furnish advice to the Secretary concerning the payment mechanism for health care (including hospice care) furnished outside of hospitals or nursing homes and fee schedules for services which have not been described above. Requires all such bodies to report annually to the Congress and the Secretary on the modification of various payment systems described above to meet its objectives. Sets forth administrative provisions. Requires administration of the program at the national level by the Secretary. Allows States to administer the program at the State level. Requires the Secretary to establish a national health budget and State health budgets specifying the amount to be spent per calendar year for health care and how revenues from the National Health Trust Fund will be used under the program. Indexes the national budget each year according to corresponding increases in the gross national product. Establishes expenditure targets to control the growth of health care costs. Requires the national budget to set aside separate amounts for capital expenses and direct medical education and to specify the manner of division among the States. Creates advisory boards representing both consumers and health care providers to advise on the implementation of the program at the national and State levels. Authorizes the Secretary or State to enter into contracts with qualified entities to process claims. Allows only one contract per State. Requires the Secretary to establish applicable reporting systems for the program. Establishes the National Health Trust Fund to finance this Act's initiatives with revenues from: (1) specified tax increases outlined below; (2) hospital insurance taxes imposed on additional State and local government employees and additional changes made to the Internal Revenue Code over time to fund the program; (3) long-term care/health care premiums imposed on elderly individuals who do not have low incomes; (4) State payments determined according to a specified formula tied to corresponding increases in the gross national product; and (5) amounts remaining in the trust funds supporting the Medicare program after the settlement of claims for payment under Medicare has been completed and amounts applicable to Medicare and OASDI trust fund provisions incorporated into the National Health Care program resulting from gifts and bequests, investments, and overpayments. Amends the Internal Revenue Code to: (1) increase personal and corporate income taxes, employer hospital insurance taxes, and the amount of social security benefits subject to income taxation; (2) repeal the limitation on the amount of wages subject to employee and employer hospital insurance taxes; and (3) expand the category of employees subject to hospital insurance taxes as described above. Terminates the Medicare and Medicaid (title XIX of the Social Security Act) programs, Federal Employees Health Benefits Program, Civilian Health and Medical Program of the Uniformed Services, and the Department of Veterans Affairs health benefits and medical care program.
United States · United States Congress · 6 March 1991
Requests the Occupational Safety and Health Administration to publish, within one year, proposed amended regulations that specify the components of an adequate operator training program and certification system for operators of powered industrial trucks.
United States · United States Congress · 5 March 1991
Illegal Dumping Prevention Act of 1991 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize the seizure and forfeiture of vessels illegally dumping wastes into ocean waters.
United States · United States Congress · 5 March 1991
Provides that former air traffic controllers shall not, as a class, be considered unsuitable or ineligible for: (1) positions as air traffic controllers in the Federal Aviation Administration (FAA) or the Department of Defense; or (2) positions in the FAA other than air traffic controller positions. Requires the Secretary of Transportation and the Director of the Office of Personnel Management to take action to ensure that in each of FY 1992 and 1993, at least 500 former controllers are appointed to permanent, full-time positions as air traffic controllers in the FAA. Provides for a waiver of the maximum-age limitation applicable to such appointments. Prescribes procedural guidelines for competitive and non-competitive appointments of such controllers. Precludes an applicant's role in the 1981 strike from being considered when making a determination of suitability for an air traffic controller position. Requires the Secretary of Transportation and the Secretary of Defense to prescribe regulations under which the appointment of a former controller to an air traffic controller position within their respective departments shall not become final unless a probationary period has been successfully completed. Sets forth guidelines for the computation of creditability of service for retirement purposes. Expresses the sense of the Congress that such reinstatements should not: (1) cause the separation or reduction in grade of any other air traffic controller; or (2) interfere with training opportunities which would otherwise be afforded to air traffic controllers seeking to become fully qualified.
United States · United States Congress · 5 March 1991
Amends the Internal Revenue Code to exempt from the luxury excise tax parts for accessories installed for use of passenger vehicles by disabled individuals.
United States · United States Congress · 28 February 1991
Privacy for Consumers and Workers Act - Requires employers who engage in electronic monitoring to provide each affected employee with prior written notice describing specified aspects of the electronic monitoring directly affecting the employee. Requires employers to notify prospective employees at personal interviews or meetings of existing forms of electronic monitoring which may directly affect them and, upon request, provide them with the written notice provided to employees. Requires employers to provide affected employees with some form of visual or aural notice that indicates that electronic monitoring is taking place, at periodic intervals unless the monitoring is continuous during each of the employee's shifts. Requires employers to provide affected customers with some form of visual or aural notice, at periodic intervals, indicating that telephone service observation is taking place. Requires employers to permit employees or their authorized agents to have access to all personal data obtained by electronic monitoring of their work. Prohibits employers from collecting personal data on an employee which is not relevant to the employee's work performance. Prohibits employers from disclosing personal data obtained by electronic monitoring to any person or business except to the individual employee to whom that data pertains or without the employee's prior written consent, unless disclosure would be: (1) to the employer's officers and employees who need it to perform their duties; (2) to a law enforcement agency for a criminal investigation or prosecution; or (3) pursuant to a proper court order. Prohibits employers from using personal data obtained by electronic monitoring as the exclusive basis for individual employee performance evaluation or disciplinary action, unless the employee is given an opportunity to review the data within a reasonable time after it is obtained. Prohibits employers from using personal data or collective data obtained by electronic monitoring as the sole basis for setting production quotas or work performance expectations. Prohibits employers from maintaining, collecting, using, or disseminating personal data obtained by electronic monitoring which describes how an employee exercises First Amendment rights, unless such use is: (1) expressly authorized by statute or by the employee; or (2) pertinent to and within the scope of an authorized law enforcement activity. Sets forth the following enforcement provisions: (1) civil penalties; (2) injunctive actions by the Secretary of Labor; and (3) private civil actions. Prohibits waiver of rights and procedures provided by this Act, unless such waiver is part of a written settlement by the parties to a pending action or complaint. Directs the Secretary of Labor to issue rules and regulations to carry out this Act within six months. Makes this Act inapplicable to otherwise permissible electronic monitoring by law enforcement agencies in criminal investigations.
United States · United States Congress · 28 February 1991
Mickey Leland Childhood Hunger Relief Act - Title I: Ensuring Adequate Food Assistance - Amends the Food Stamp Act of 1977 to remove the excess shelter deduction cap for purposes of food stamp program (program) eligibility. (Sets forth transitional caps through FY 1995.) Requires the Secretary of Agriculture to adjust the basic benefit level upwards by specified increments at the beginning of each fiscal year until it reaches 105 percent of the cost of the thrifty food plan. Eliminates food stamp reductions for households reapplying for program reinstatement within 30 days. Excludes third party payments for transitional housing for the homeless from consideration as program income. Increases funding for the nutrition assistance program in Puerto Rico. Excludes general assistance vendor payments from consideration as program income. Title II: Promoting Self-Sufficiency - Excludes from consideration as program income: (1) the first $50 a month received as child support; and (2) child support payments to non-household members. Increases annually the fair market value limit of vehicles that program recipients may own. Excludes from financial resources the value of a vehicle a household depends upon to carry heating fuel or water for home use where it has no other access to fuel or water. Increases dependent care deductions and participant and State agency reimbursements in connection with employment and training activities. Title III: Simplifying the Provision of Food Assistance - Permits related adults living in the same household to apply for separate program benefits under specified conditions. Permits a participating family made up of, or including, an elderly or disabled member to own $3,000 in allowable financial resources. (Current law refers to a family member 60 years of age or older.) Makes program authorization of appropriations permanent. Title IV: Implementation and Effective Dates - Sets forth the effective dates for provisions of this Act.
United States · United States Congress · 28 February 1991
International Family Planning Protection Act - Prohibits international population assistance funds from being denied to nongovernmental or multilateral organizations on the basis of any criterion that is not applicable to foreign governments that receive such funds.
United States · United States Congress · 28 February 1991
Medicare Skilled Nursing Facility and Home Health Benefit Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to: (1) eliminate the requirement that extended care services be provided within a certain period following hospitalization in order to be covered under the Hospital Insurance Program; and (2) cover nursing care and home health aide services provided or needed on an intermittent basis.
United States · United States Congress · 28 February 1991
Medicaid Substance Abuse Treatment Act of 1991 - Amends title XIX (Medicaid) of the Social Security Act to provide federally reimbursed Medicaid coverage of alcoholism and drug dependency residential treatment services for pregnant women whose family income is below 185 percent of the Federal poverty level and for their Medicaid-eligible children and spouses. Lists the required services included in such coverage as: (1) individual, group, and family counseling and addiction education and treatment provided pursuant to individualized treatment plans; (2) room and board in a structured environment with on-site supervision 24 hours a day; (3) therapeutic child care or counseling for children of individuals in treatment; (4) parental assistance in obtaining developmental assistance for their preschool children and public education for themselves and their school-age children; (5) easier access to prenatal, postpartum, pediatric, and other appropriate health, social, and child care services; (6) planning and assistance in reentering society; and (7) continuing specialized training of residential treatment facility staff members in the most recent and effective treatment techniques. Requires that such coverage continue for at least 12 months, except that the coverage of pregnant women must continue for one year following the end of pregnancy. Limits the size of a residential treatment facility to no more than 40 beds unless the Secretary of Health and Human Services, at the request of a State, waives such limitation under prescribed conditions.
United States · United States Congress · 28 February 1991
Requires the Secretary of the Navy: (1) to review the cases of 50 Black sailors who were court-martialed for failing to resume naval loading activities at the Port Chicago, California, naval facility after an unexplained explosion there on July 17, 1944, to determine the extent to which racial prejudice affected the trial; (2) if he determines that such convictions were in error, to take appropriate corrective action; and (3) to recommend to the President and the Congress additional actions that should be taken with respect to the resolution of such cases.
United States · United States Congress · 28 February 1991
Authorizes the Alpha Phi Alpha Fraternity to establish a memorial to Martin Luther King, Jr., on Federal land in the District of Columbia and its environs. Makes the Fraternity solely responsible for acceptance of contributions for, and payment of expenses of, the memorial. Prohibits the use of Federal funds for its establishment. Requires the Fraternity to deposit excess funds into the Treasury.
United States · United States Congress · 28 February 1991
Requires the Architect of the Capitol to establish and operate a source-separated recycling program for newsprint, paper, plastic, bottles, and aluminum applicable to all offices and facilities within office buildings under the jurisdiction of the U.S. House of Representatives.
United States · United States Congress · 27 February 1991
Women's Health Equity Act of 1991 - Title I: Research - Subtitle A: Women's Health Research Act - Women's Health Research Act - Amends the Public Health Service Act to establish within the Office of the Director of the National Institutes of Health (NIH) the Office of Research on Women's Health (Office) to ensure that women's health reseach is identified and addressed by NIH. Establishes in the Office the Coordinating Committee for Research on Women's Health and the Advisory Committee for Research on Women's Health. Mandates that the Director of the Office prepare and annually review a plan for establishing a program for clinical research on obstetrics and gynecology to be conducted by the Director of the National Institute of Child Health and Human Development (NICHHD). Requires the NICHHD Director to establish a program of contracts with individuals who agree to conduct obstetrics and gynecology research in return for the Federal Government paying, to a specified maximum, the educational loans of the individuals. Requires the NIH Director to establish a single data system for the collection, analysis, and dissemination of information regarding women's health research conducted or supported by NIH, including a registry of clinical trials of experimental treatments. Requires the NIH Director to establish and operate a program to provide information on research and prevention activities relating to women's health research. Provides for grants or contracts for the development and operation of Centers of Excellence in Women's Health Research using a single institution or a consortium for each Center. Provides, subject to appropriations, for three centers, with support covering five years. Allows extension of support if recommended by a technical and scientific peer review group. Authorizes appropriations for specified provisions of this subtitle. Subtitle B: Clinical Trials Fairness Act - Clinical Trials Fairness Act - Amends provisions of the Public Health Service Act relating to the national research institutes and provisions relating to the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) to direct the Secretary of Health and Human Services to ensure, in conducting or supporting clinical research, that women and minority groups are included as research subjects, unless inappropriate. Requires that any project be designed and carried out so as to provide for a valid analysis of whether the research variables affect women or minorities differently than other subjects. Directs the Secretary to establish within the advisory council of each agency of an institute and ADAMHA a Clinical Research Equity Subcommittee to review all clinical research of that agency to determine whether the research is being conducted in accordance with requirements of this Act. Provides for suspension or revocation of the authority for any project the Secretary determines is not being conducted in accordance with those requirements. Defines "minority groups" to mean racial and ethnic minority groups. Requires that the technical and scientific peer review process in the institutes and ADAMHA include an evaluation of the inclusion of women and minority groups as research subjects. Subtitle C: Women's Health and Mental Health Research Act - Women's Health and Mental Health Research Act - Amends the Public Health Service Act to establish in the Office of the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) the Office of Research on Women's Health and Mental Health (Office) to ensure that women's health and mental health research is identified and addressed by ADAMHA. Establishes in the Office the Coordinating Committee for Research on Women's Health and the Advisory Committee for Research on Women's Health. Requires that the Administrator establish: (1) a single data system for the collection, analysis, and dissemination of information regarding women's health and mental health research, including a registry of clinical trials of experimental treatments; and (2) a program to provide information on women's health and mental health research. Provides for grants or contracts for the development and operation of Centers of Excellence in Women's Health and Mental Health Research using a single institution or a consortium for each Center. Provides, subject to appropriations, for three centers, with support covering five years. Allows extension of support if recommended by a technical and scientific peer review group. Authorizes appropriations. Subtitle D: Women and Alcohol Research Equity Act - Women and Alcohol Research Equity Act of 1991 - Amends the Public Health Service Act to authorize appropriations for research on alcohol abuse and alcoholism, earmarking certain amounts for such research relating to women. Subtitle E: Breast Cancer Basic Research Act - Authorizes to be appropriated, in addition to sums already authorized, a certain amount to the National Cancer Institute for breast cancer research other than research which involves treatment or clinical trials. Subtitle F: Contraceptive and Infertility Research Centers Act - Contraception and Infertility Research Centers Act of 1991 - Amends the Public Health Service Act to require the Director of the Institute of Child Health and Human Development to make grants and enter into contracts for centers for improving methods of contraception and centers for diagnosing and treating infertility. Requires the Director, subject to appropriations, to provide for three centers with respect to contraception and two centers with respect to infertility. Requires each center to: (1) conduct clinical and other applied research; (2) develop training protocols for and conduct training of physicians, scientists, nurses, and other health and allied health professionals; (3) develop model continuing education programs; and (4) disseminate information to such professionals. Allows a center to use the funds to provide: (1) stipends for health and allied health professionals enrolled in the training programs; and (2) fees to individuals serving as subjects in the clinical trials. Requires each center to use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting requirements as prescribed by the Secretary of Health and Human Serivces. Allows support for a center to be for a period of up to five years, with extensions of one or more periods of up to five years if the center's operations have been reviewed by a peer review group and the group has so recommended. Authorizes appropriations. Amends the Public Health Service Act to direct the Secretary to establish a program of entering into agreements with health professionals, including graduate students, under which the professionals agree to conduct research with respect to contraception or infertility in consideration of the Government agreeing to repay, for each year of such service, not more than a specified amount of the principal and interest of their educational loans. Applies provisions of the National Health Service Corps Loan Repayment Program to this program, except as inconsistent. Authorizes appropriations. Requires amounts appropriated to remain available until the end of the second fiscal year after they are appropriated. Subtitle G: Sense of Congress Regarding Contraceptive Research - Declares that it is the sense of the Congress that it should: (1) establish a program of research for the development of methods of contraception and methods of diagnosing and treating infertility; (2) provide adequate long-term resources for the program; (3) ensure that Federal programs with respect to sexually transmitted diseases adequately respond to the role of such diseases in infertility; (4) ensure public education on contraception and infertility; (5) establish as Federal goals the development, by the year 2010, of improved barrier methods to protect against pregnancy and diseases, new methods of contraception for use by men, a vaccine-like drug for women that prevents pregnancy for a significant period of time without other specified effects, and new and improved techniques of diagnosing and treating infertility; (6) require the Secretary of Health and Human Services to reestablish the Ethical Advisory Board in order to facilitate research with respect to infertility; (7) review the policies and procedures of the Food and Drug Administration with respect to expediting approval of drugs and devices for use by the public, especially with respect to contraception and infertility; and (8) determine to what extent measures can be implemented by public or private entities to resolve liability issues involved with drugs and devices concerned with contraception and infertility. Subtitle H: Women and AIDS Research Initiative - Women and AIDS Research Initiative Amendments of 1991 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Director of the National Institutes of Health (NIH), the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, or both, to establish a program to conduct biomedical and behavioral research on cases of infection with the etiologic agent for acquired immune deficiency syndrome (AIDS) in women. Authorizes the Secretary to conduct the research directly or through grants. Specifies forms of research to be included. Authorizes appropriations. Authorizes appropriations for grants for community-based clinical trials on experimental treatments for such infection for women. Allows the Director of the NIH to authorize grantees to expend the grants to provide individuals with transportation, child care, and other incidental services necessary to enable the individuals to participate as subjects in the trials. Subtitle I: Ovarian Cancer Research Act - Ovarian Cancer Research Act of 1991 - Directs the Secretary of Health and Human Services, through the Director of the National Institutes of Health and the Director of the National Cancer Institute, to conduct or support basic research on certain aspects of ovarian cancer. Prohibits the Secretary from conducting or supporting clinical research on the same matters. Authorizes appropriations. Subtitle J: Osteoporosis and Related Research Act - Osteoporosis and Related Bone Disorders Research, Education, and Health Services Act of 1991 - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMSD), the Director of the National Institute on Aging (NIA), and the Director of the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDKD) to expand and intensify research on osteoporosis and related bone disorders. Requires, with respect to osteoporosis and related bone disorders: (1) the NIAMSD Director to increase the number of Specialized Centers of Research; (2) the NIA Director to increase the number of program project grants devoted to creating centers of excellence; and (3) the NIDDKD Director to increase the number of grants in osteoporosis. Authorizes appropriations. Establishes in the Department of Health and Human Services the Interagency Council on Osteoporosis and Related Disorders and the Advisory Panel on Osteoporosis and Related Disorders. Authorizes appropriations for the Advisory Panel. Requires the NIAMSD Director to make grants or enter into contracts to establish a Resource Center on Osteoporosis and Related Disorders to: (1) disseminate information about research results, services, and educational materials to health professionals, patients, and the public; and (2) coordinate leadership training for the development of health professional resource networks. Requires grant and contract recipients to establish: (1) a central computerized information system to translate scientific and technical information into information readily understandable by the general public; and (2) a national toll-free telephone information line. Requires the grant or contract recipient to charge fees for providing information, but allows exceptions for individuals and organizations unable to pay. Authorizes appropriations. Title II: Services - Subtitle A: Breast Cancer Informed Decision Act - Breast Cancer Treatment Informed Consent Act - Requires any State receiving funds under titles V (Maternal and Child Health Block Grant) or XIX (Medicaid) of the Social Security Act or under the preventive health service provisions of the Public Health Service Act to require any physician or surgeon licensed to practice medicine in such State to inform any breast cancer patient of alternative methods of treatment for breast cancer before such treatment is begun. Requires that the patients be informed by means of: (1) a standardized written summary in layman's language and in a language understood by the patient of alternative methods of treatment; and (2) an explanation of the treatment options described in such written summary together with the risks associated with each procedure relative to each patient's particular medical circumstances. Subtitle B: Women's Health Care Coverage Expansion Act - Women's Health Care Coverage Expansion Act of 1991 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to provide Medicare and Medicaid coverage of obstetrical and gynecological services furnished by nurse practitioners. Subtitle C: Mickey Leland Adolescent Pregnancy and Parenthood Act - Mickey Leland Adolescent Pregnancy Prevention and Parenthood Act of 1991 - Amends the Public Health Service Act to replace the title on adolescent family life demonstration projects with a title on adolescent pregnancy prevention, care, and research grants. Authorizes the Secretary of Health and Human Services to make grants to provide, supplement, or improve the quality of care services to pregnant adolescents and their male partners and adolescent parents and prevention services to nonpregnant adolescents. Requires grantees to charge fees for services only under a fee schedule, approved by the Secretary, based on the income of the person and taking into account the difficulty adolescents face in obtaining resources to pay for services. Prohibits discrimination because of an individual's inability to pay for services. Sets forth priorities in making grants, including giving priority to applicants that: (1) serve an area with a high incidence of adolescent pregnancy; and (2) serve an area with a high proportion of low-income families and low availability of care programs. Requires that the amount of a grant be set by the Secretary. Limits a grant, subject to waiver for one year, to 75 percent of the cost of a program. Specifies the information and assurances which must accompany a grant application. Directs the Secretary to coordinate Federal policies and programs providing services relating to the prevention of initial and recurrent adolescent pregnancies and providing care services, including by requiring grantees under these provisions to report concerning Federal, State, and local policies that interfere with delivery and coordination of programs of care for pregnant adolescents and adolescent parents. Authorizes the Secretary to make grants to institutions of higher education to support and disseminate the results of research relating to adolescent pregnancy. Limits grants or contracts to: (1) one year, subject to renewal for four additional one-year periods; and (2) subject to waiver, a specified dollar amount. Allows funds to be used for descriptive or explanatory surveys, evaluation studies, longitudinal studies, or limited programs for services for the purpose of increasing knowledge and understanding of specified matters. Directs the Secretary to establish a system for the review of grant and contract applications which is similar to the system of scientific peer review of the National Institutes of Health. Restricts grants to programs determined by the review panel to have scientific merit. Authorizes appropriations, earmarking at least two-thirds of appropriated funds for services, with no more than one-third to be used for grants for prevention services. Prohibits using such funds for the performance of an abortion. Subtitle D: Adolescent Health Demonstration Projects - Directs the Secretary of Health and Human Services to make grants in FY 1991 through 1995 for the establishment or support of adolescent health demonstration projects. Requires such projects to: (1) provide health care information and services, including related social services; (2) serve adolescents before their graduation from high school; (3) encourage family participation; and (4) establish community advisory committees. Directs the Secretary to give priority to project applicants who will serve areas with low-income or minority populations. States that no grant funds may be used to perform or pay for abortions. Subtitle E: COBRA Displaced Family Amendments - COBRA Displaced Family Amendments of 1991 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (the Acts) to declare that specified provisions relating to the required period of group health plan continuation coverage do not apply to the qualifying events of death, divorce, or legal separation involving a beneficiary who is 50 years old or older. Requires that coverage continue until the 23rd birthday, or 36 months after the qualifying event, whichever is later, for an individual who is a dependent child beneficiary at the time of such an event involving a covered employee 50 years old or older. Amends the Acts to modify: (1) the termination of extended average for disability and the general rule for other qualifying events, as they relate to the maximum required period of continuation coverage; and (2) dates by which certain notice must be given. Amends the Acts to require that notice of the option to enroll under a conversion plan be given during the 120-day period ending 60 days before the expiration of the continuation coverage. (Current law requires such notice be given during the 180-day period ending on the expiration date of the continuation coverage.) Subtitle F: Federal Employee Family Building Act - Federal Employee Family-Building Act of 1991 - Requires any contract for health benefits for Federal employees that provides obstetrical benefits to also provide benefits for family-building procedures. Provides that payment terms or conditions under such contracts shall be no more restrictive for family-building benefits than for obstetrical benefits. Defines "family-building procedure" as a medical procedure to overcome infertility (including procedures to achieve pregnancy and procedures to carry pregnancy to term) and procedures relating to child adoption. Requires such contracts to provide that: (1) benefits shall consist of reimbursement for reasonable and necessary medical expenses and counseling fees directly relating to the adoption of a child; and (2) benefits shall be available in connection with obstetrical care for the biological mother and medical care for the child if, or to the extent that, the pre-adoptive or adoptive parent or parents are legally responsible for the cost of such care. Directs the Office of Personnel Management to authorize the use of sick leave for purposes relating to family-building procedures. Title III: Prevention - Subtitle A: Medicaid Infant Mortality Amendments - Medicaid Infant Mortality Amendments of 1991 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test. Authorizes States to provide Medicaid coverage of prenatal home visitation services for high-risk pregnant women and/or postpartum home visitation services for high-risk infants. Subtitle B: Breast Cancer Screening and Safety Act - Breast Cancer Screening Safety Act of 1991 - Amends the Public Health Service Act to require certification in order for a facility to perform or interpret mammograms, inspect equipment, or conduct quality assurance oversight related to mammography. Authorizes the Secretary of Health and Human Services to issue and renew certificates for up to two years. Requires, in order to be certified, that a facility be accredited. Allows the Secretary to approve a private nonprofit organization to be an accreditation body which meets certain requirements, including inspecting facilities. Directs the Secretary to: (1) establish standards for facilities to assure the safety and accuracy of mammography; (2) specify organizations eligible to certify individuals to perform radiological procedures; (3) specify boards eligible to certify individuals to interpret screening mammograms; (4) establish standards regarding the qualifications for individuals to interpret screening mammograms; and (5) specify boards eligible to certify individuals to inspect screening mammography equipment and oversee quality assurance practices. Directs the Secretary to conduct annual announced and unannounced inspections of certified facilities. Provides for: (1) intermediate sanctions for certain violations; (2) suspension, revocation, and limitation of certificates; and (3) injunctions. Requires fees for certificate issuance and renewal, and for inspections, sufficient to cover costs. Requires annual publication of a list of facilities convicted of fraud and abuse, false billings, or kickbacks, facilities that have had certificates revoked, suspended, or limited, and facilities that have been the subject of a sanction or other similar matters. Allows the Secretary to exempt facilities in a State with more stringent requirements from compliance with this Act. Directs the Secretary to: (1) make grants for research on new methods of establishing a Mammography Registry; and (2) based on the research, establish the Registry. Amends title XVIII (Medicare) of the Social Security Act to require that screening mammographies paid for under Medicare be performed by a facility: (1) certified under this Act; and (2) in compliance with specified provisions of this Act. Subtitle C: Medicaid Coverage for Mammographies and Pap Smears - Medicaid Women's Basic Health Coverage Act of 1991 - Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage of: (1) screening mammographies for women age 35 and older conducted in accordance with the frequency guidelines established by the Omnibus Budget Reconciliation Act of 1990 for such coverage under the Medicare Program (title XVIII of the Social Security Act); and (2) screening pap smears. Subtitle D: Medicare Bone Mass Measurement Coverage Act - Medicare Bone Mass Measurement Coverage Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage of bone mass measurements. Subtitle E: Women and AIDS Outreach and Prevention - Women and AIDS Outreach and Prevention Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants regarding prevention of acquired immune deficiency syndrome (AIDS) and other sexually transmitted diseases in women, including preventive health services, screening, providing treatment (for such diseases other than AIDS), referrals, and follow-up services. Requires that a grantee be an entity that provides health or voluntary family planning services: (1) to a significant number of low-income women; and (2) in an area with a significant number of AIDS cases in women and in newborn infants. Requires that grantees maintain the confidentiality of information on individuals, subject to complying with applicable law. Authorizes appropriations. Subtitle F: Infertility Prevention Act - Infertility Prevention Act of 1991 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, with regard to any treatable sexually transmitted disease that can cause infertility in women if treatment is not received for the disease, to make grants for specified activities, including counseling, screening, treatment, referrals, outreach, public information and education, training for health care providers, and data collection. Directs the Secretary to establish criteria for ensuring the quality of screening for such diseases. Limits grants to three years, with annual approval by the Secretary. Authorizes appropriations. Authorizes the Secretary to make grants for research on improving the delivery of services under this subtitle. Authorizes appropriations.
United States · United States Congress · 27 February 1991
Amends the Internal Revenue Code to exclude from the gross income of an individual the following qualified employer-provided transportation benefits: (1) the value of transportation in a commuter highway vehicle between the employee's residence and workplace; and (2) up to $60 per month of the value of any transit pass entitling the employee to transportation on mass transit facilities.
United States · United States Congress · 26 February 1991
Trade Agreements Compliance Act of 1991 - Amends the Trade Act of 1974 to authorize certain economically affected persons to request the U.S. Trade Representative (USTR) to review whether a foreign country is in material compliance with the terms of a bilateral trade agreement to which the United States is a party. Prescribes guidelines for such a review. Provides that nothing in this Act may be construed as requiring actions that are inconsistent with U.S. international obligations, including the General Agreement on Tariffs and Trade.
United States · United States Congress · 26 February 1991
International Voluntary Family Planning Assistance Act of 1991 - Authorizes appropriations for international population planning assistance. Earmarks a specified amount of such funds for the United Nations Population Fund if: (1) the Fund maintains such funds in a separate account, without commingling; (2) none of the funds are made available for China; and (3) any agreement to obligate such funds expressly states that the full amount granted by the agreement will be refunded to the United States if U.S. funds are used for family planning in China or abortions in any country. Requires a specified amount of population planning assistance to be used to increase family planning service delivery in countries with large population growth. Prohibits any funds appropriated under this Act from being used for abortions.
United States · United States Congress · 26 February 1991
Anti-Apartheid Act Amendments of 1991 - Title I: Sanctions Against Investment in, and Exports to, South Africa and Other Measures (Except Import Restrictions) to End Apartheid - Part A: Amendments to the Comprehensive Anti-Apartheid Act of 1986 and Other Laws - Amends the Comprehensive Anti-Apartheid Act of 1986 to prohibit any investments in South Africa by U.S. persons. Makes exceptions to such prohibition for: (1) investments in a business enterprise 90 percent owned and controlled by South Africans economically and politically disadvantaged by apartheid; and (2) investments made by certain individuals during any period and to the extent that such investments are considered South African emigrant non-resident assets and subject to transfer or disposition restrictions. Authorizes a person to apply for, and the President to grant for good cause, a waiver of such prohibition for up to 180 days. Requires U.S. controlled South African entities that are subject to the investment prohibition and that employ more than 24 South Africans economically and politically disadvantaged by apartheid to: (1) notify employees and employee organizations not less than 90 days prior to termination of the U.S. investment in such entity; and (2) enter into good faith negotiations with representative trade unions regarding the terms of such termination. Prohibits the exportation or reexportation to South Africa of any goods or technology subject to U.S. jurisdiction. Prohibits any such exportation or reexportation by any person subject to U.S. jurisdiction. Exempts from such prohibition publications, donations of food, clothing, and medical supplies, commercial sales of agricultural commodities and products, and goods and technology for use in the gathering or dissemination of information by news media organizations subject to U.S. jurisdiction. Makes such prohibitions inapplicable to: (1) any goods that are the direct product of technology of U.S. origin under a written agreement entered into on or before April 20, 1988, and that are exported within one year of the enactment of this Act; (2) economic assistance or human rights programs for disadvantaged South Africans, South African blacks or other nonwhite South Africans, or victims of apartheid in South Africa; and (3) contributions to charitable organizations engaged in social welfare, public health, religious, educational, or emergency relief activities in South Africa. Repeals specified provisions of the Comprehensive Anti-Apartheid Act of 1986 that: (1) prohibit certain exports to, imports from, and investments in South Africa; (2) set forth U.S. policy toward the recruitment and training of black South Africans; and (3) prohibit U.S. intercession with any foreign government regarding export activities of certain U.S. nationals in South Africa who are not implementing the Code of Conduct. Revises the definition of "loans" for purposes of such Act to prohibit short-term trade financing, sales on open account, and rescheduling of existing loans. Adds other definitions for purposes of such Act. Prohibits any U.S. agency or entity involved in intelligence activities from engaging in any form of cooperation with the Government of South Africa (specifically including the authorities administering Namibia so long as Namibia is illegally occupied). Prohibits any U.S. agency or entity from engaging in any form of cooperation with the armed forces of South Africa. Prohibits funds made available by the Congress from being obligated or expended for any expense related to any prohibited cooperation. States that the President should not: (1) assign or detail any member of the U.S. armed forces to serve as a defense or military attache in South Africa; or (2) accredit any individual to serve as a defense or military attache at a South African diplomatic mission in the United States. Repeals provisions of the Intelligence Authorization Act for Fiscal Year 1987 concerning restrictions on intelligence agency cooperation with South Africa. Prohibits the Secretary of Energy from authorizing any person to engage, directly or indirectly, in the production of special nuclear materials in South Africa. Revises penalty provisions of the Comprehensive Anti-Apartheid Act of 1986. Establishes within the Department of State a Coordinator of South Africa Sanctions who shall be responsible to the Secretary of State for matters pertaining to the implementation of sanctions against South Africa. Directs the Coordinator to place emphasis on activities related to strategically important trade in oil, coal, computers, specialized machinery and arms, and to financial credits. Sets forth the responsibilities of the Secretary of State in leading and coordinating the activities of other agencies in implementing and enforcing the Comprehensive Anti-Apartheid Act of 1986 and in monitoring other nations' economic relations with South Africa. Requires the Secretary to report annually to the Congress on actions to monitor and enforce such Act and on economic relations between South Africa and each of its trading partners. Establishes an Interagency Coordinating Committee on South Africa to coordinate and monitor the implementation of such Act. Revises provisions of such Act regarding the Code of Conduct and expanded participation in the South African economy. Requires Federal agencies to make efforts to assist businesses more than 90 percent (currently, 50 percent) owned by black or nonwhite South Africans. Amends the Export Import Bank Act of 1945 to require the Bank to insure or participate in the extension of credit to businesses more than 90 percent owned (currently, majority owned) and controlled by black or nonwhite South Africans. Amends the Foreign Assistance Act of 1961 to permit the use of a specified amount of funds authorized for economic development assistance for assistance to disadvantaged South Africans. Specifies that such assistance may include scholarships, the promotion of the participation of disadvantaged South Africans in trade unions and private enterprise, alternative education and community development programs, and training and other assistance (including legal aid) for South African journalists. Lists major trade union federations in South Africa as examples of recipients of U.S. assistance to the labor movement. Earmarks a specified amount of such funds for refugee education and assistance for South Africans. Prohibits any U.S. person from providing transport to South Africa of a commercial quantity of crude oil or refined petroleum products. Includes in such prohibition transport on a vessel of U.S. registry or on a vessel owned by a U.S. person. Prohibits the Secretary of the Interior from issuing any mineral lease to any national of the United States which is controlled by any foreign person who purchases, acquires, owns, or holds any investment in South Africa or who exports crude oil or refined petroleum products to South Africa. Authorizes the President to waive such prohibitions under specified conditions. Part B: Policy Statements; Reports; Studies; and Other Miscellaneous Provisions - Expresses the sense of the Congress that the President should: (1) direct the Attorney General to conduct an antitrust investigation of the South African controlled international diamond cartel; (2) direct the Secretary of Commerce and the Commissioner of Customs to study the feasibility of identifying at the port of entry the national origin of diamonds entering the United States; and (3) ensure effective and rigorous enforcement of a prohibition on the importation into the United States of uncut South African diamonds by taking specified measures. Expresses the sense of the Congress that: (1) the President should eliminate all honorary consuls of South Africa in the United States and forbid expansion of South Africa's embassy staff; and (2) approval of temporary U.S. visas should be granted on a case-by-case basis after considering South Africa's record of allowing its citizens, including apartheid opponents, to travel to the United States. Requires the President to study and report to the Congress on measures to reduce South Africa's foreign exchange earnings from gold. Directs the Secretary of State to report to the Congress on South Africa's involvement in international terrorism. Title II: Sanctions Against South African Imports Into the United States - Prohibits the importation into the United States of any article from South Africa, except: (1) strategic minerals which the President certifies to the Congress are essential for military or economic purposes and are not available from alternative reliable suppliers or through improved manufacturing processes, conservation, recycling, and economical substitution; and (2) publications. Specifies that such prohibition includes: (1) krugerrands or any gold coin minted in South Africa or offered for sale by the Government of South Africa; (2) uranium hexafluoride that has been manufactured from South African uranium or uranium oxide; and (3) fish or seafood which are products of South Africa. Exempts from such prohibition any imports from business enterprises in South Africa that are wholly-owned by persons economically or politically disadvantaged by apartheid. Requires the President to confer with other industrialized democracies in order to reach cooperative agreements to impose sanctions against South Africa to bring about the dismantling of apartheid. Requires the President to report to the Congress concerning such efforts. Requires (currently, encourages) the President to seek United Nations Security Council adoption of the same sanctions against South Africa as are imposed by the United States. Requires (currently, authorizes) the President to impose penalties against foreign persons taking significant commercial advantage of U.S. sanctions against South Africa or comparable sanctions of other industrialized democracies. Includes as such a penalty the restriction of such a person from contracting with U.S. Government entities. Allows the President to waive such penalties for foreign persons of an industrialized democracy that is a party to a cooperative agreement to impose sanctions against South Africa. Requires the President to revoke such waiver if the industrialized democracy is not adequately enforcing the measures provided for under the agreement. Requires that information concerning the extent to which import restrictions are being enforced by other industrialized democracies be included in the Secretary of State's annual report to the Congress. Sets forth provisions pertaining to committee referral in the House of Representatives of joint resolutions pertaining to import restrictions. Requires the President, through the Secretary of Commerce, to submit periodic reports to the Congress setting forth the average amounts of imports of coal or any strategic and critical material entering the United States from each member and observer country of the Council for Mutual Economic Assistance. Requires the President to report annually to the Congress on the program to reduce U.S. dependence on strategic minerals from South Africa. Requires the President to confer with the governments of the African "frontline" states on measures to prevent the circumvention of the import restrictions on South African products imposed under the authority of this Act. Title III: General Provisions - Makes conforming amendments and sets forth the effective date of this Act.
United States · United States Congress · 25 February 1991
Amends Federal armed forces provisions to provide that, in the case of a member of the reserves called to active duty in connection with the Persian Gulf War: (1) the period of such active duty may not be considered in determining the expiration date for eligibility for educational assistance benefits provided under the Montgomery GI Bill; and (2) the member may not be considered to have been separated from the reserves for purposes of commencement of the delimiting period for the use of such educational benefits. Amends the Federal veterans' and armed forces educational assistance programs to provide that, in the case of an active-duty or reserve member student who fails to complete a course of study under such programs due to being called to active duty or being given increased work in connection with the Persian Gulf War, both the amount of educational assistance received and the time spent pursuing that course will not be counted against such student for purposes of his or her general entitlement to educational benefits under the appropriate educational assistance program. Restores the full amount available to such student veteran as if the interrupted course had not been taken. States that such exclusion shall also apply to members of the Selected Reserve pursuing courses of study (and similarly interrupted) under the armed forces' educational assistance program.
United States · United States Congress · 25 February 1991
Directs the Secretary of the Treasury to design and strike a silver commemorative medal for members of the U.S. armed forces who serve in a combat zone in connection with the Persian Gulf conflict.
United States · United States Congress · 21 February 1991
Construction Safety, Health, and Education Improvement Act of 1991 - Amends the Occupational Safety and Health Act of 1970 (the Act) to establish in the Occupational Safety and Health Administration (OSHA) an Office of Construction Safety, Health, and Education (the Office) to ensure safe and healthy working conditions in the performance of construction work. Directs the Secretary of Labor (the Secretary) to: (1) develop mandatory standards for construction safety and health plans and programs established under this Act; (2) assume control of a construction site to both prevent the destruction of any evidence that would assist in the investigation of a fatality, serious injury, or incident, (unless it must be moved or destroyed as a part of rescue operations) and monitor the rescue operations conducted in response to the incident; (3) assist the Advisory Committee on Construction Safety and Health in developing training courses and curriculum for the training of OSHA inspectors and other OSHA employees with duties related to construction safety; (4) advise and consult with construction employer associations, construction employers, construction employees, and labor organizations as to effective means of preventing fatalities and serious injuries in construction work; (5) increase awareness of construction site safety through education, training, and outreach programs; (6) identify construction employers who have high frequency rates of fatalities or serious injuries or patterns of noncompliance with health and safety standards; and (7) carry out specified duties for construction worksite inspections, investigations, reporting, and recordkeeping and for construction safety and health plans and programs. Establishes within OSHA the position of Deputy Assistant Secretary of Labor for Construction who is to: (1) be appointed by the Secretary; (2) coordinate Office activities with those of other offices and directorates within OSHA as they relate to safety, health, and education in the construction industry; and (3) coordinate the activities and advice of the Advisory Committee on Construction Safety and Health with all OSHA activities relating to such matters, ensuring that the Advisory Committee performs its functions under the Act and the Contract Work Hours and Safety Standards Act. Directs the Secretary, with the advice of the Advisory Committee on Construction Safety and Health, to determine the necessary qualifications and training for OSHA inspectors, including: (1) full understanding of the Act and the Secretary's standards and regulations for the construction industry; and (2) at least five years' experience working in the construction industry. Establishes requirements for construction safety and health plans and programs. Requires designation of a project constructor (the constructor) in construction project documents by the construction owner for every construction project covered by the Act. Gives the constructor: (1) responsibility for supervising and controlling all construction work on the worksite; and (2) overall responsibility for the safety and health of all construction employees at the construction worksite, and for performing constructor duties set out in the Act and regulations issued under it. Considers the construction owner as the project constructor if such owner does not designate a constructor. Directs the constructor for a worksite to establish and implement: (1) written safety and health plans by constructors, including the project safety and health programs of construction employers involved in the project; (2) hazard analyses that identify the potential for and provide instructions to prevent hazards in the construction process; and (3) construction process plans that include means to ensure worksite structural stability and worksite inspections. Requires that: (1) constructors designate project safety coordinators (coordinators) for construction projects and notify construction employers of their identity (although such coordinators may not be assigned overall responsibility for project safety); and (2) coordinators, on behalf of constructors, adequately monitor safety at construction sites, prepare project safety and health plans before construction commencement, and ensure construction employers' compliance with reporting requirements. Requires safety and health plans to provide for permit systems under which constructors authorize employers to engage in operations determined to pose a risk of death or serious injury (covered operations). Requires covered operations to include: (1) construction of trenches and excavations; (2) erection and dismantling of scaffolding; (3) demolition of any building or structure; (4) operation of cranes and derricks; (5) operations requiring employees to enter confined or enclosed spaces; (6) operations involving exposure to asbestos and other toxic materials; and (7) other operations designated by the Secretary. Requires constructors, in issuing such permits, to ensure that employers: (1) know of and show intent to comply with requirements of the Act and standards and regulations issued by the Secretary; and (2) have developed safety and health programs that adequately address the hazards of the covered operation. Requires construction employers (employers) involved in construction project worksites to develop and implement project safety programs commensurate with the scope of the work. Requires such programs to require: (1) employers to appoint one competent person for each project to be responsible for general program administration; (2) a competent person to be at each worksite at all times that employers are engaged in construction work; (3) competent persons to inspect worksites frequently and take all necessary actions to eliminate hazards, including work stoppage or removal of affected employees if necessary; (4) provision of prescribed general health and safety training for construction employees; (5) adequate worksite instruction in the recognition of unsafe and unhealthy conditions, applicable standards and regulations, use of construction worksite equipment, and the handling of toxic and harmful substances; (6) emergency evacuation plans, inspection procedures, reporting of incidents, regular safety meetings, and monitoring procedures; (7) a procedure for employees and employee representatives to obtain an immediate inspection or a written evaluation, or both, of a perceived hazardous condition or harmful substance by a qualified person at any time in the construction process; (8) upon determination that such condition or substance presents an imminent danger, for the project constructor to stop work at, or remove affected employees from, the area in which such danger exists; and (9) other requirements, including procedures for monitoring, notification, and safety meetings. Sets forth procedures for emergency waivers of such requirements under specified conditions. Exempts any construction worksite with only one employer and ten or fewer employees from requirements for construction safety and health plans and programs, unless the construction worksite is one at which one of the specified covered operations (under the permit system) occurs. Provides for inspections, investigations, reporting, and recordkeeping. Requires project constructors to submit, before construction work commences, specified types of information necessary for the Secretary to develop and conduct a system of prioritized inspections. Directs the Secretary to establish an effective system for construction worksite inspections. Requires such system to give priority to concentration of enforcement resources on construction worksites and operations with a high potential for fatalities or serious injuries, giving due weight to: (1) employers' and owners' worksite compliance records; and (2) frequency and severity rates of fatalities, serious injuries, and incidents attributable to particular owners and employers and particular types of construction projects, worksites, and operations. Prohibits such priority system from limiting: (1) inspections based on complaints by construction employees on their representatives or complaints of imminent dangers; or (2) inspections following up prior enforcement actions or proceedings. Prohibits the Secretary from excluding from construction worksite inspections any construction owner or employer. Requires project constructors to make and maintain accurate records concerning fatalities, serious injuries, and incidents at a worksite. Requires project constructors to report to the Secretary by telephone or telegraph, within four hours after its occurrence, any incident involving construction work that results in: (1) a serious injury; (2) a fatality; or (3) a structural failure. Requires such reports to specify certain information. Directs the Secretary to conduct site inspections to investigate all such reports of incidents, as the Secretary prescribes. Requires such inspections as soon as practicable or at least within 24 hours after receipt of the telephone or telegraph report, unless site conditions would make inspection dangerous. Requires the project constructor to prevent destruction of evidence. Directs the Secretary to make public a narrative description of the occurrence. Requires the project constructor, at project completion or at one-year intervals during the project, to report to the Secretary all fatalities and serious injuries and all structural failures. Requires such report to provide specified information. Grants the Advisory Committee on Construction Safety and Health specified powers to carry out its functions under the Act and under the Contract Work Hours and Safety Standards Act. Limits the terms of members of such Committee. Directs the Secretary to respond in writing within 60 days to any recommendation made by a majority of members of such Committee. Requires any State construction safety and health plan to comply with specified requirements for State plans under the Act and to provide for development and enforcement of requirements at least as effective as those imposed by the Act and the Contract Work Hours and Safety Standards Act. Authorizes the Secretary to make grants to States for administering and enforcing this Act. Sets forth formulas for determining the Federal share of such grants. Directs the Secretary to report to the President and the Congress: (1) annually on certain general subjects as these relate to the construction industry, including the operation of the Office; and (2) within 120 days after three years of Office operation, on whether specified relevant information supports the continued existence of the Office within OSHA or supports enactment of legislation to establish in the Department of Labor a Construction Industry Safety and Health Administration to be headed by an Assistant Secretary of Labor for Construction Safety and Health.
United States · United States Congress · 21 February 1991
Veterans' Compensation Rate Amendments of 1991 - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Authorizes the Secretary of Veterans Affairs to adjust administratively the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death.
United States · United States Congress · 21 February 1991
Veterans' Compensation Programs Improvement Act of 1991 - Authorizes the Secretary of Veterans Affairs to accept gifts, devises, and bequests which enhance the Secretary's ability to provide services and benefits. Allows the payment of parents' dependency and indemnity compensation less frequently than monthly if the amount of the annual benefit is less than four percent of the maximum annual rate payable. Prohibits a readjustment in the rating schedule from causing a veteran's compensation amount to be reduced unless an improvement in the veteran's disability is shown to have occurred. Makes the presumptive period (the period after service in a radiation-risk activity during which a disease must become manifest in order to be considered service-connected and, therefore, compensable as disability compensation) for leukemia 40 years (currently, 30). Creates a 40-year presumptive period for members of the reserves who were exposed to the atmospheric detonation of a nuclear device during active duty or inactive duty for training and who contract specified diseases or illnesses. Increases the amount of Veterans' Mortgage Life Insurance available to a veteran owning a home to the lesser of $90,000 (currently, $40,000) or the amount of the loan outstanding on the home. Increases from one to two years the period after discharge or release during which service-disabled veterans must apply in order to qualify for National Service Life Insurance.
United States · United States Congress · 21 February 1991
Indoor Air Quality Act of 1991 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a national research, development, and demonstration program to ensure the quality of indoor air and to coordinate and accelerate efforts related to the causes, detection, and correction of contaminated air. Authorizes the Administrator to assist technology demonstration projects which reduce exposure to indoor air contaminants, provided certain conditions are met. Limits Federal funding for such projects to 75 percent of the total costs. Directs the Administrator to consider indoor human exposure to contaminants when developing air quality standards and emissions standards for hazardous air pollutants under the Clean Air Act. Requires the Administrator to: (1) conduct a national assessment to survey the seriousness and extent of indoor air contamination in buildings owned by local educational agencies and child care facilities; and (2) establish an advisory group of interested parties to provide guidance and direction in developing such assessment. Directs the Administrator to enter into an agreement with the National Academy of Sciences (NAS) for the Board on Environmental Studies and Toxicology to study and report to the Congress on chemical sensitivity disorders. Requires the Administrator to enter into an agreement with the NAS for the Institute of Medicine to study indoor allergens. Directs the Administrator to study and report to the Congress on the sources of lead exposure for children with blood lead levels greater than 10 micrograms per deciliter. Requires the Administrator and the Director of the National Institute for Occupational Safety and Health to conduct research on indoor air quality in nonresidential, nonindustrial buildings that comply with generally accepted principles of design, maintenance, and operation of ventilation, filtration, and other building systems. Directs the Administrator to publish bulletins providing an assessment of technologies and management practices for the control and measurement of indoor air contaminants. Requires the Director to develop a model indoor air quality training course to provide training in ventilation system operation and maintenance and in identifying and reducing indoor air contaminant exposures. Authorizes the Director to establish a fee for such training. Requires the Administrator to publish health advisories on indoor air contaminants that are known to occur at concentrations which may have adverse human health effects. Provides for the revision of advisories at least every five years. Requires a technology and management practice bulletin to be published concurrently with each advisory addressing a specific contaminant. Directs the Administrator to publish a strategy for a national response to indoor air quality problems. Requires the Administrator to conduct research on radon and radon progeny measurement methods and protocols. Directs the Administrator to issue guidance documents that: (1) provide information on the results of such research; and (2) describe model State radon measurement and mitigation. Requires the Administrator to establish a mandatory program that requires: (1) products offered for sale, or devices used in connection with public services, for radon measurement to meet minimum performance criteria; and (2) operators of devices, or persons employing techniques, used in connection with public services for radon measurement to meet minimum proficiency levels. Directs the Administrator to establish user fees for persons seeking certification under such program. Provides for the deposit of such fees into a Radon Service Account. Requires the national indoor air quality response strategy to evaluate: (1) the range and reliability of indoor air quality diagnostic and mitigation services; and (2) the range of knowledge and mastery of indoor air quality and energy efficiency techniques of ventilation system operators. Provides for the biennial update of such strategy. Requires the Director to: (1) develop a program to evaluate indoor air contamination in Federal buildings; and (2) develop and disseminate to all Federal agencies a model indoor air quality remediation program. Directs Federal agencies responsible for Federal buildings to submit to the Director a specific remediation program for each building, with priority given to buildings based on the health threat and numbers of persons exposed. Requires the Director to review at least five percent of such programs and assess their ability to improve indoor air quality. Directs such agencies to implement systematic programs for the assessment of indoor air quality and the correction of conditions resulting in inadequate air quality. Requires Federal agencies responsible for the design and construction of buildings for Federal occupancy to employ up-to-date design, commissioning, and operating practices for optimal indoor air quality and energy efficiency. Directs persons entering into new leases or lease renewal contracts for Federal buildings to require building owners to demonstrate and guarantee that the building is operating at design specifications for the existing ventilation system and that all portions of the building are accessible for indoor air quality monitoring and evaluation. Provides that buildings that operate at current ventilation rate standards shall be given priority for leasing when available at competitive cost. Requires Federal agencies to designate an Indoor Air Quality Coordinator for each Federal building. Directs Coordinators and their assistants to complete an indoor air training course. Authorizes grants to: (1) States for the development and implementation of indoor air quality management strategies; and (2) States and local air pollution control agencies for air quality response programs. Sets forth grant limitations and selection criteria. Directs the Administrator to establish the Office of Indoor Air Quality within the EPA Office of Air and Radiation. Establishes a Council on Indoor Air Quality to coordinate Federal indoor air quality activities and review and comment on the national indoor air response strategy. Requires the Indoor Air Panel of the EPA Science Advisory Board to be expanded to include technical advisors with expertise in technologies and management practices for the control and measurement of indoor air contaminants. Directs the Administrator to establish a national indoor air quality clearinghouse which shall operate a toll-free hotline on indoor air quality. Requires the Director to implement a Building Assessment Demonstration Program to support the development of methods, techniques, and protocols for assessing indoor air contamination in non-residential, non-industrial buildings and to provide contamination reduction assistance and guidance to building owners and occupants. Sets forth building assessment report requirements. Requires public or commercial buildings receiving permits for construction or renovation to maintain and operate a heating, ventilation, and air conditioning (HVAC) system designed to provide a minimum of: (1) 20 cubic feet per minute of outdoor air per occupant to all occupied space in such building; and (2) 60 cubic feet per minute of outdoor air per smoking occupant to rooms where smoking is permitted. Prohibits exhaust air from a room where smoking is permitted from being returned to the general ventilation system. Sets forth recordkeeping requirements with respect to such systems. Directs the Occupational Safety and Health Administration to enforce compliance with such requirements. Prescribes civil and criminal penalties for violations of such requirements. Requires the Administrator to evaluate the need for additional standards related to the level of specific indoor air contaminants present in such buildings to supplement such requirements. Directs the Administrator to issue regulations which: (1) establish standard methods for the measurement and description of indoor air contaminant emissions; (2) identify products that pose significant human health threats through such emissions; and (3) require products that do pose such a threat to be labeled or accompanied by written material informing consumers and commercial purchasers of the indoor air contaminant emissions rate of such products. Makes it unlawful to sell or import into the United States any product which: (1) does not have such a label or written material; or (2) has a label or material containing false information. Requires the Administrator to educate consumers and commercial purchasers about the labeling of such products. Directs the Secretary of Labor to: (1) determine whether standards on workplace indoor air quality are necessary to protect the health and safety of employees; and (2) issue a final standard, as necessary. Repeals the Radon Gas and Indoor Air Quality Research Act of 1986. Authorizes appropriations.
United States · United States Congress · 21 February 1991
Amends the Internal Revenue Code to permanently extend the period during which qualified mortgage bonds and mortgage credit certificates may be issued.
United States · United States Congress · 6 February 1991
Provides eligibility for the veterans' home loan program (whereby home loans are made, insured, or guaranteed to veterans through the Department of Veterans Affairs) for members of the Selected Reserve who have completed at least six years of service in the Selected Reserve and who: (1) were discharged honorably, were placed on the retired list, or were transferred to an element of the Ready Reserve other than the Selected Reserve; or (2) continue to serve in the Selected Reserve. Prescribes the amounts of home loan fees to be paid to the Department by such individuals.
United States · United States Congress · 6 February 1991
Ancient Forest Protection Act of 1991 - Establishes the National Ancient Forest Reserve System. Designates certain lands in California, Oregon, and Washington as components of such System. Declares that all Federal lands in such States which qualify as ancient forest or associated forest and are not designated as components of the System shall be managed as if they are. Requires the Secretary of Agriculture and the Secretary of the Interior to issue regulations with respect to the removal of commercial timber from such lands. Declares it to be U.S. policy to develop and utilize scientific information to study and identify the biological and ecological requirements of ancient forest ecosystems. Directs the Chairman of the Council on Environmental Quality to study and report to appropriate congressional committees on the biological and physical requirements for the survival of such ecosystems.
United States · United States Congress · 6 February 1991
Veterans PTSD Treatment and Psychological Readjustment Act of 1991 - States that it shall be the policy of the Secretary of Veterans Affairs to implement the recommendations of the Chief Medical Director's (CMD) Special Committee on Post-Traumatic Stress Disorder to establish and operate specialized inpatient post-traumatic stress disorder units (SIPUs) at Department of Veterans Affairs medical centers. Requires such facilities and services to be available to all eligible veterans, including veterans of the Persian Gulf conflict. Requires the Secretary to gradually increase the number of SIPUs in order to meet a total increase of not less than 30 units by December 31, 1994. Requires the Secretary to direct the Special Committee to identify areas of the country in which there are significant needs for expanding the Vet Center program. Directs the Special Committee to present a list of not less than 40 areas as candidates for new Vet Centers to the Readjustment Counseling Service of the Department no later than September 30, 1991. Requires the Counseling Service to gradually increase the number of existing Vet Centers in order to meet a total increase of not less than 40 by December 31, 1994. Directs the Advisory Committee on Readjustment of Veterans (established under this Act) to prepare a report to be submitted to the Congress on recommendations to increase outreach efforts to veterans of the Vietnam era and thereafter with readjustment counseling needs. Expands eligibility under the Vet Center program to include veterans of the Persian Gulf conflict. Directs the Secretary to make facilities and services of the Vet Centers available to family members of military personnel assigned to duty in the Persian Gulf. Urges the Secretary to fill expeditiously Vet Center staff vacancies caused by reassignment to Department medical facilities in preparation for receipt of casualties from the Persian Gulf conflict. Directs the Secretary to establish the Advisory Committee and seek its advice with respect to: (1) the administration of Department benefits for veterans, particularly Vietnam and post-Vietnam era veterans; (2) reports and studies pertaining to veterans, particularly Vietnam and post-vietnam era veterans; and (3) the needs of all veterans with respect to compensation, health care, readjustment, outreach, and other benefits and programs administered by the Department. Requires the Advisory Committee to report annually to the Secretary pertaining to the social, economic, educational, and psychological readjustment of veterans. Requires the Secretary to submit such reports to the Congress, along with comments and recommendations. Authorizes the Secretary to conduct a pilot program to contract for care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based treatment facilities for eligible veterans suffering from PTSD. Requires the CMD to plan, design, and conduct such program. Requires the Secretary to approve the quality and effectiveness of a program operated by a contract facility before allowing veterans to be furnished treatment there under the pilot program. Directs the Secretary to: (1) urge all public and private entities to provide appropriate employment and training opportunities to veterans who have been provided treatment and rehabilitative services under this Act for PTSD and who have been determined to be sufficiently rehabilitated to be employable; and (2) provide all possible assistance to the Secretary of Labor in placing such veterans in such opportunities. Requires the Secretary to provide referral services and advice to veterans discharged or released from active service who are not eligible for PTSD treatment and services. Limits participation in the PTSD pilot program to 500 eligible individuals. Directs the Secretary to report to the Senate and House Veterans' Affairs Committees on the operation of the pilot program through FY 1994. Terminates the pilot program after five years of operation. Directs the Special Committee to examine the effectiveness of contracts for the treatment of PTSD with private facilities and therapists. Requires the Special Committee to report its findings and recommendations to the veterans' committees. Requires the Secretary, in administering the Health Professionals Educational Assistance Program, to encourage the participation of individuals who desire to become psychologists, psychiatrists, social workers, psychiatric nurses, and other professionals specializing in the treatment of PTSD. Directs the CMD to conduct research programs to consider the most effective treatment for PTSD and the effectiveness of involving the family in the treatment of PTSD and to report his findings to the veterans' committees. Requires such research to be conducted through the National Center on Post-Traumatic Stress Disorder, with consultation from the Special Committee and the Advisory Committee. States that it shall be the policy of the Secretary to implement the recommendations of the Special Committee to establish and operate post-traumatic stress disorder clinical teams (PCTs) at Department medical centers that provide mental health services. Requires such services to be available to all veterans, including veterans of the Persian Gulf conflict. Directs the Secretary to increase the number of PCTs by 50 units by the end of calendar year 1994. Requires the Secretary, in establishing such new PCTs, to give priority to locations that do not have a SIPU or an affiliated Vet Center. Requires the Secretary to direct the Special Committee to assess the capacity of the Department to provide treatment for PTSD. Requires the Special Committee to report its findings to the Secretary, to be forwarded to the Congress.
United States · United States Congress · 6 February 1991
Lead Battery Recycling Incentives Act - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations for persons who generate, transport, store, recycle, or dispose of spent lead-acid batteries. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of the regulations on the recycling industry. Sets forth required elements of such regulations, including specific requirements for: (1) the storage and transfer of batteries by generators; (2) recordkeeping by battery generators, transporters, and recyclers; and (3) management practices of recyclers. Directs battery retailers to accept from customers spent lead-acid batteries of the same type and quantity of the batteries sold. Requires transporters to acquire an identification number from the EPA or the State enforcing this Act. Directs the Administrator to implement education activities to inform the public about the environmental and safety hazards associated with improper handling and disposal of spent lead-acid batteries. Authorizes appropriations. Applies such requirements to batteries which are transported to or managed by a lead-acid battery recycling facility, a secondary lead smelter, or any facility that prepares batteries for recycling. Requires producers or importers of lead-acid batteries to recycle, for the ten-year period beginning 24 months after this Act's enactment, an amount of spent lead equal to at least the amount determined by multiplying the amount of lead in the batteries produced or imported by such persons by the recycling percentage established by the Administrator. Authorizes compliance with such requirement by: (1) reclaiming lead from such batteries and using it in the production of new batteries; (2) purchasing reclaimed lead from secondary lead smelters for purposes of producing new batteries or shielding; or (3) purchasing recycling credits. Directs producers or importers to report annually to the Administrator on the amount of virgin and secondary lead used in new lead-acid batteries produced or imported by such persons. Sets the recycling percentage at 80 percent. Increases such percentage by two points annually. Authorizes the Administrator to reduce or waive the two percent increase if the rate exceeds 95 percent. Directs the Administrator to promulgate regulations to allow: (1) producers of lead-acid batteries to create credits for recycling an amount of batteries greater than required; and (2) producers of new batteries to purchase such credits for purposes of complying with this Act. Sets forth minimum requirements for the credit system. Applies battery recycling requirements to persons who produce or import more than 10,000 pounds of new lead-acid batteries annually. Sets the recycling percentage at 90 percent if the Administrator fails to promulgate recycling regulations.
United States · United States Congress · 6 February 1991
Oil Recycling Incentives Act - Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from identifying used oil or affiliated materials as hazardous wastes under the Solid Waste Disposal Act. Defines "affiliated materials" as used oil filters and any materials used for cleaning up after changing oil that are contaminated with used oil. Provides that any fuel derived from used oil that does not meet used oil specifications established by the Administrator and would otherwise be identified as a hazardous waste shall be deemed to be a hazardous waste. Directs the Administrator to promulgate regulations for persons who generate, store, transport, recycle, or dispose of used oil. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of such regulations on the used oil recycling industry. Provides that regulations for used oil generators shall: (1) prohibit the storage of used oil in an underground storage tank unless such tank meets requirements under this Act; (2) prohibit the storage of used oil for more than 12 months; (3) require generators to transfer such oil to specified permitted used oil recycling or disposal facilities or transporters; and (4) require generators to keep specified records on such oil. Requires used oil transporter regulations to provide that such transporters: (1) acquire identification numbers from EPA; (2) meet applicable financial responsibility requirements; and (3) keep specified records. Includes intermediate storage requirements in transporter regulations. Provides that used oil recycler regulations shall require recyclers to: (1) keep specified records; (2) test fuel produced from the recycling process before departure from the facility; and (3) obtain certain permits. Directs the Administrator to promulgate regulations for exempt refineries that recycle used oil as necessary to protect human health and the environment. Sets forth minimum requirements for such regulations. Requires used oil disposal and affiliated material regulations to prohibit mixing used oil with any hazardous waste identified under the Solid Waste Disposal Act unless the mixture is stored, treated, or disposed of at a permitted facility. Directs the Administrator to promulgate regulations requiring owners or operators of new and existing recycling facilities to have class permits. Sets forth permit requirements. Provides for annual inspections of such facilities to assure permit compliance. Sets forth requirements for interim class permits. Exempts from permit requirements: (1) facilities which refine at least 10,000 barrels daily of crude oil into petroleum products, are classified as S.I.C. number 2911 (pursuant to the Office of Management and Budget Standard Classification Manual) facilities, and at which the amount of refined used oil is equal to no more than the amount of used oil that the owner is required to recycle and the used oil contains less than a specified amount of halogens; and (2) facilities which compound or blend lubricating base oil into finished lubricant products as their principal activity, are classified as S.I.C. number 2899 or 2992 facilities, and whose volume of used oil compounded or blended into such products is no more than ten percent of the lubricating base oil compounded or blended annually. Exempts from used oil regulation requirements on-site activities at facilities classified as S.I.C. number 4911 facilities. Directs the Administrator to promulgate regulations governing such facilities. Requires the Administrator to promulgate regulations establishing specification standards for fuel derived from used oil to be burned in furnaces and boilers. Sets forth requirements to be effective if the Administrator fails to promulgate used oil regulations by the applicable deadline. Requires the Administrator to implement education programs to inform the public and small businesses about the environmental and safety hazards associated with improper handling and disposal of used oil and the benefits derived from used oil recycling. Authorizes appropriations. Sets forth labeling requirements for oil packages and oil filters to encourage the return of used oil to collection centers. Requires States to develop plans for making information available to the public about recycling of used oil and oil filters. Directs the Administrator to establish a toll-free telephone line to give out information about State used oil recycling programs. Requires producers or importers of lubricating oil to recycle for a period of ten years an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Requires producers and importers to report annually to the Administrator on the amount of oil produced or imported by such persons. Requires a producer or importer to be treated as having recycled two units of used oil for each unit of re-refined oil or lubricant base stock purchased. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually for ten years. Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) specified records to be kept by recyclers and by importers or producers; and (2) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, industrial specification used oil, or re-refined oil. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the oil industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated version of such report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations.
United States · United States Congress · 6 February 1991
Nontraditional Employment for Women Act - Amends the Job Training Partnership Act (the Act) to define "nontraditional employment", as applied to women, to refer to occupations or fields of work where women comprise less than 25 percent of the individuals employed. Requires service delivery area (SDA) job training plans to include: (1) goals for the training of women in nontraditional employment and the training-related placement of women in nontraditional employment and apprenticeship; (2) a description of efforts to be undertaken to accomplish such goals, including efforts to increase awareness of such training and placement opportunities; and (3) procedures for annual reporting of the extent to which the SDA has met such goals and of a statistical breakdown of women trained and placed in nontraditional occupations, including specified types of information. Requires the State Governor's coordination and special services plan to include such goals and descriptions of efforts for training and placement of women in nontraditional employment under the Act and the Carl D. Perkins Vocational and Applied Technology Education Act. Directs the State job training coordinating council to: (1) review, summarize, and annually disseminate the results of SDAs' and Governor's efforts to train and place women in nontraditional employment; and (2) obtain from the sex equity coordinator under the Carl D. Perkins Vocational and Applied Technology Education Act a summary of activities and an analysis of results under that Act and disseminate such summary annually. Requires State education coordination grant recipients to provide statewide coordinated approaches, including model programs, to train, place, and retain women in nontraditional employment. Allows the use of funds under title II (Training Services for the Disadvantaged) for outreach activities relating to education, training, work experience, and retention of women in nontraditional employment. Directs the Secretary of Labor to use a specified portion of funds for national activities under the Act for FY 1992 through 1995 to make grants to States to develop demonstration and exemplary programs to train and place women in nontraditional employment. Limits such grants to no more than six per fiscal year. Allows States receiving such assistance to award grants to service providers and SDAs under specified conditions. Directs the Secretary of Labor to report, with recommendations, to the Congress within five years on the extent of success of States and SDAs, and the effectiveness of such demonstration programs, in training, placing, and retaining women in nontraditional employment. Declares that nothing in this Act shall be construed to mean that the Congress is taking a position on the issue of comparable worth. Provides that failure to meet the goals in this Act shall not itself constitute a violation of title VII of the Civil Rights Act of 1964 or any other Federal law prohibiting discrimination on the basis of race, color, religion, sex, national origin, handicap, or age.
United States · United States Congress · 6 February 1991
Amends the Higher Education Act of 1965 to permit alternative methods to testing for qualifying "ability-to-benefit" students for Federal student financial aid. Restores certain options (involving receiving a general education diploma (GED) or certain counseling and remedial or developmental education, or involving a State determination process) for the qualification of ability-to-benefit students. Continues the testing requirement for such students at proprietary institutions (as mandated by the Student Default Initiative Act of 1990). Separates institutional eligibility requirements under student aid programs from compliance with ability-to-benefit provisions.
United States · United States Congress · 6 February 1991
Newsprint Recycling Incentives Act - Amends the Solid Waste Disposal Act to require producers or importers of newsprint to recycle, through methods specified under this Act, an amount of newsprint equal to at least the amount determined by multiplying the amount of newsprint produced or imported annually by such individuals by the recycling percentage established by the Administrator of the Environmental Protection Agency (EPA). Authorizes such individuals to comply with this Act by: (1) recycling (through deinking) newsprint; (2) purchasing recycled newsprint to combine with shipments of virgin newsprint; or (3) purchasing recycling credits under this Act. Requires the recycling percentage to be at least 20 percent. Provides for increases in such percentage of two points annually for the next ten years. Requires the Administrator to promulgate regulations to allow newsprint producers or importers to create or purchase recycling credits. Provides that such regulations shall require: (1) producers and importers to keep specified records; (2) producers of recycled newsprint to notify EPA of capacity to recycle old newsprint; (3) importers of recycled newsprint to notify the U.S. Customs Service of the amount of newsprint being imported and to have certifications of the accuracy of such amount from the trade representative of the country shipping such newsprint to the United States; and (4) producers and importers to report to the Administrator on the amount of recycled newsprint produced or imported annually and the number of credits purchased from, or sold to, other producers or importers. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the newsprint and newspaper industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who produce or import more than ten tons of newsprint annually. Sets the recycling percentage at 20 percent if the Administrator fails to promulgate such regulations. Prescribes civil penalties for violations of this Act. Directs the Administrator to submit to the Congress and implement a plan for the recycling of post-consumer high grade paper. Authorizes appropriations.
United States · United States Congress · 6 February 1991
RU-486 Regulatory Fairness Act of 1991 - Declares that a specified import alert issued by the Food and Drug Administration (FDA) with respect to the drug RU-486 shall not have any legal effect and shall be withdrawn by the FDA. (RU-486 has been used outside the United States to abort pregnancies.) Prohibits the FDA from taking any action to bar the import of that drug unless the FDA finds that it is being imported for an illegal use. Requires the FDA to give consideration in accordance with provisions relating to new drug approval when an application is submitted under such provisions for RU-486.
United States · United States Congress · 6 February 1991
Tire Recycling Incentives Act - Amends the Solid Waste Disposal Act to require tire producers or importers to recycle an amount of scrap tires equal to at least the amount determined by multiplying the amount of tires produced or imported that year by the recycling percentage established by the Administrator of the Environmental Protection Agency. Authorizes compliance by: (1) recycling scrap tires through reintroducing the recovered rubber into a manufacturing process to produce new tires or retread old tire casings; or (2) purchasing recycling credits under this Act. Requires such individuals to report annually to the Administrator on the amount of tires produced or imported. Directs the Administrator to establish a recycling percentage that is five percentage points higher than the existing recycling rate for tires. Provides for increases in such percentage of five points annually in the ten years following the date of enactment of this Act. Requires the Administrator to promulgate regulations allowing recyclers to create credits for tire recycling and tire producers or importers to purchase such credits. Sets forth: (1) specified recordkeeping requirements for owners or operators of tire sale and installation facilities, scrap tire collection facilities, and tire producers and importers; and (2) the amount of credits allowed for scrap tires. Directs the Attorney General to determine the effects of the credit system on competition within the tire and scrap tire recycling industries and to report annually to the Congress. Sets the recycling percentage at 60 percent if the Administrator fails to promulgate regulations. Prescribes civil penalties for violations of recycling requirements. Considers a scrap tire recycling or disposal facility to be a solid waste disposal facility for purposes of Internal Revenue Code provisions concerning exempt facility bonds. Directs the Administrator to: (1) publish in the Federal Register minimum requirements for State scrap tire management and procedures under which such requirements shall be incorporated into State solid waste management plans; (2) provide for expedited review of State plans which include specified scrap tire recycling measures; and (3) establish standards to minimize health and environmental damages from the improper disposal and storage of tires. Requires such standards to provide for: (1) bans on the disposal of tires in land disposal facilities and on the intentional infliction of damage on tire casings to preclude casings from being used in retreading; (2) State inventories of scrap tire collection facilities, tire advisory boards, and scrap tire abatement plans; (3) agreements between facilities which distribute more than 1,000 tires annually and licensed tire haulers for the exclusive hauling of scrap tires by licensed haulers; and (4) prohibitions on the transportation of scrap tires by transporters without transportation identification numbers, with specified exceptions. Directs the Administrator to publish guidelines for States for the issuance of permits to scrap tire collection facilities. Provides for: (1) limits on the size of scrap tire piles at such facilities; (2) bans on open burning within 50 feet of a scrap tire pile; (3) regulations on vegetation, rodent, and mosquito control at such facilities; and (4) different requirements for collection facilities located in 100-year flood plains or other areas where water resources are critical. Requires the Administrator to promulgate guidelines for States for facility emergency plans. Directs facility owners or operators to maintain and update emergency preparedness manuals. Requires facility owners or operators to notify the State immediately in the event of an emergency with potential offsite impacts. Sets forth specified emergency and operational recordkeeping, reporting, and inspection requirements. Requires all regulated facilities to have appropriate financial responsibility or insurance to maintain the facility for at least five years after closure. Exempts specified persons from permitting requirements. Directs the Administrator to promulgate regulations for the State to use to issue permits to scrap tire recycling facilities. Requires the Secretary of the Interior, together with the heads of agencies responsible for public lands or military installations, to implement a plan to remediate tire piles. Applies plan requirements to the National Railroad Passenger Corporation. Directs the Administrator to develop a guideline for procuring items that make use of scrap or used tires. Requires Federal departments, if the Administrator fails to promulgate such guideline, to procure items containing at least 75 percent of post-consumer scrap rubber from scrap tires if the rubber is available within a reasonable amount of time at a reasonable price and meets performance standards. Directs the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, to publish standards to determine the life-cycle costs and benefits of items that make use of rubber from scrap or used tires as compared with items that make use of rubber other than from scrap or used tires. Requires such standards to be used by Federal departments covered by the procurement guideline. Directs the Secretary of Transportation to determine and report to the Congress on: (1) direct worker environmental health effects relating to asphalt made from crumb rubber from scrap tires; (2) the recyclability of asphalt road surfaces made from crumb rubber from scrap tires; and (3) the estimated life of existing asphalt road surfaces made from crumb rubber from scrap tires. Permits States to: (1) enter into consent agreements with owners and operators of scrap tire collection facilities for proper management and abatement of scrap tires; and (2) levy fines on facilities for noncompliance. Imposes fines on tire facilities and landfills for specified violations of this Act. Authorizes appropriations.
United States · United States Congress · 5 February 1991
Grand Canyon Protection Act - Directs the Secretary of the Interior to: (1) operate Glen Canyon Dam and take other reasonable mitigation measures to protect, mitigate adverse impacts to, and improve the condition of the environmental, cultural, and recreational resources of Grand Canyon National Park and Glen Canyon National Recreation Area; (2) promulgate interim operating procedures for Glen Canyon Dam in consultation with the Department of the Interior, the Secretary of Energy, specified State Governors, and Indian tribes and with the full participation of the general public, including the academic and scientific communities, environmental organizations, the recreation industry, and contractors for the purchase of Federal power produced at Glen Canyon Dam; (3) implement such procedures pending development of long-term operating procedures; and (4) establish and implement long-term monitoring requirements. Subjects such operating procedures to the water storage and delivery functions of Glen Canyon Dam pursuant to laws relating to allocation of the Colorado River. Authorizes the Secretary of the Interior to deviate from such interim operating procedures to: (1) comply with requirements under this Act; (2) respond to hydrologic extremes or power system operating emergencies; or (3) further reduce adverse impacts on resources downstream. Directs the Secretary, no later than December 31, 1993, to complete the Glen Canyon Environmental Studies and the final Glen Canyon Dam Impact Statement as required under the National Environmental Policy Act of 1969. Directs the Comptroller General to review the costs and benefits to water and power users and to natural, recreational, and cultural resources resulting from management policies and dam operations identified in the Impact Statement and report the results of such audit to the Secretary and the Congress. Directs the Secretary to implement the long-term operating procedures for the Dam, based on the Studies and the Statement and audit, alone or in combination with other reasonable mitigation measures, and to submit the Studies and the Statement and the long-term operating procedures to the Congress. Prohibits such long-term operating procedures from interfering with the primary water storage and delivery functions of the Glen Canyon Dam pursuant to laws relating to allocation of the Colorado River. Amends the Colorado River Storage Project Act to prohibit the Secretary from operating the hydroelectric powerplant at the Dam in a manner which causes significant and avoidable adverse effects on resources of the Grand Canyon National Park or the Glen Canyon National Recreation Area. Authorizes appropriations. Provides that nothing in this Act shall be interpreted as modifying or amending laws relating to environmental or natural resources protection, with regard to the operation of the Glen Canyon Dam.
United States · United States Congress · 5 February 1991
Pension Restoration Act of 1991 - Establishes a Federal annuity program, administered by the Pension Benefit Guaranty Corporation, to compensate participants in private pension plans which were terminated before September 1, 1974, for nonforfeitable pension benefits lost by reason of the termination. Sets forth provisions for such annuity program, relating to: (1) entitlement; (2) computation; (3) applications; (4) administrative appeals; (5) judicial review; (6) payment; (7) interagency coordination and cooperation; and (8) regulations. Provides for use of certain funds under the Employee Retirement Income Security Act of 1974 (ERISA) to pay such annuities and the administrative costs of such program.
United States · United States Congress · 5 February 1991
Recycling Initiatives Grant Act - Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to award grants for creating and supporting innovative techniques for solid waste recycling. Limits the amount of such grants. Authorizes appropriations.
United States · United States Congress · 31 January 1991
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to require States which supplement SSI benefits to pass along Federal cost of living adjustments in such benefits in order to be eligible to receive Federal funds under title XIX (Medicaid) of the Social Security Act.
United States · United States Congress · 29 January 1991
Expresses the sense of the Congress that Federal agencies should not engage in activities that threaten the civil liberties of U.S. citizens, or legal residents, of Arab descent. Urges the Federal Bureau of Investigation to: (1) inform Federal, State, and local law enforcement agencies that Arab Americans are potential victims of, and should be protected from, hate crimes and related discrimination; and (2) encourage such law enforcement agencies to work with community leaders to report such crimes and discrimination.
United States · United States Congress · 28 January 1991
Authorizes the Secretary of Education to enter into a contract with the National Writing Project (a nonprofit educational organization) to support costs of programs of teacher training and classroom research to improve the teaching of writing and the quality of student writing and learning. Directs the Project to establish a National Advisory Board. Directs the Secretary, through the Office of Educational Research and Improvement, to make grants to individuals and higher education institutions for research on the teaching of writing. Authorizes appropriations for FY 1991 through 1995.
United States · United States Congress · 28 January 1991
Directs the U.S. Postal Service to ensure that: (1) any changes in the nature of postal service implemented on a nationwide or substantially nationwide basis, beginning after July 27, 1990, and before the enactment of this Act, are rescinded; and (2) any practices, standards, or other related matters (including standards as to the maximum length of time for the delivery of classes or types of mail) which were modified or replaced as a result of those changes are restored.
United States · United States Congress · 24 January 1991
Radiation Protection Act of 1991 - Amends the Atomic Energy Act of 1954 to affirm State authority to regulate the disposal of certain low-level radioactive waste for which the Nuclear Regulatory Commission does not require disposal in a licensed facility.
United States · United States Congress · 23 January 1991
Department of Veterans Affairs Physicians' and Dentists' Compensation and Labor-Relations Act of 1991 - Title I: Physicians and Dentists Special Pay - Revises provisions of Federal law relating to special pay for health-care professionals of the Veterans Health Services and Research Administration (HSRA) of the Department of Veterans Affairs (Department). Directs the Secretary of Veterans Affairs, in order to recruit and retain highly qualified physicians and dentists, to provide special pay upon the execution of a written agreement between the Secretary and the individual involved requiring the individual to serve a period of obligated service within the HSRA. Provides that such an individual is not entitled to such special pay during the first three years of such service, except at the discretion of the Secretary for full-time service. Prohibits the payment of special pay to those physician and dentist positions for which there are no significant recruitment and retention problems. Outlines requirements of a written agreement, including providing for: (1) a covered period of one to four years; (2) refunding of special pay for unfulfilled service; (3) the waiver of such refund requirement due to circumstances beyond the control of the physician or dentist; and (4) submission to the Secretary of agreements where an individual is entering into a second or subsequent agreement for a specified amount of special pay. Authorizes the Secretary to adjust amounts of special pay to reflect changes in the status of a physician or dentist. Requires an agreement to be specifically approved by the Secretary if the special pay, in combination with the basic pay given to such individuals, will be in excess of Level I of the Executive Schedule of the Federal Government. States that such special approval does not apply to any agreement entered into after FY 1994. Directs the Secretary to provide special pay to eligible full-time physicians based upon specified factors, including: (1) tenure within the HSRA; (2) service in a medical specialty for which it is extremely difficult to recruit and retain qualified professionals; (3) service in certain executive positions; (4) specialty or board certifications; (5) service in a geographic location for which there are extraordinary difficulties in the recruitment or retention of qualified personnel; and (6) service within a medical specialty by an individual with exceptional qualifications. Requires the maximum amount of special pay to be paid to the Chief Medical Director (CMD) and the Deputy Chief Medical Director (DCMD). Provides for special pay for part-time eligible physicians based upon similar factors in an amount equal to the proportion of full-time service that a physician performs. Directs the Secretary to provide special pay to eligible full-time and part-time dentists based upon similar factors. Prohibits physicians and dentists provided special pay and serving in certain executive positions from being paid scarce specialty pay (another form of special pay that rewards scarce specialty areas of practice). Requires, with regard to the payment of special pay, determinations: (1) that there are extraordinary difficulties in recruitment or retention; (2) of the amount of special pay based upon the special pay factors for each individual; and (3) of whether there are extraordinary difficulties in a specific geographic location in the recruitment or retention of qualified physicians or dentists. Outlines considerations for determinations with respect to extraordinary recruitment and retention difficulties and the payment of scarce specialty pay for individual medical facilities of the Department. Outlines the manner in which special pay is to be considered for purposes of other benefits laws for Federal employees. States as the policy of the Congress to assure that total pay for HSRA physicians and dentists is comparable to total pay of other Government physicians and dentists and to the income of non-Federal physicians and dentists. Directs the Secretary: (1) in order to assist in implementing such policy, to obtain measures of income of such non-Department physicians and dentists and to define the bases for pay distinctions; (2) to report to the President quadrennially on appropriate amounts of special pay to HSRA physicians and dentists to carry out such policy; and (3) to report to specified congressional committees annually on the use of authorities under this title. Directs the Secretary to reimburse any full-time board-certified physician or dentist appointed in the HSRA for expenses incurred, up to $1,000 per year, for continuing professional education. Allows the Secretary to authorize the CMD to pay allowances and expenses of certain professional health care personnel appointed by the Secretary as additional personnel necessary for the medical care of veterans in the same manner as the Office of Personnel Management is authorized to pay such allowances and expenses to other Federal employees. Provides agreement effective dates and transition provisions to cover agreements already in effect before the enactment of this Act. Title II: Labor-Management Relations - Directs the Secretary to prescribe the hours and conditions of employment and leaves of absence of the following HSRA employees: physicians, dentists, podiatrists, optometrists, nurses, physician assistants, and expanded-duty dental auxiliaries. Provides that the authority of the Secretary to prescribe regulations with regard to such employees is subject to the right of Federal employees to engage in the collective bargaining process with respect to conditions of employment. States that such collective bargaining may not cover, or have any applicability to, any matter or question arising out of: (1) professional conduct or competence; (2) peer review; or (3) the establishment, determination, or adjustment of employee compensation. Requires any HSRA employee who accepts responsibilities for professional services for remuneration other than assigned responsibilities to work a minimum 80-hour biweekly amount. Outlines such outside activities and responsibilities that such person may not engage in or take on while an employee of the Department. Provides that whenever the CMD brings charges against a Department employee based on conduct or performance and, as a result of those charges, an adverse (disciplinary) action is taken against the employee, the employee shall have the right to appeal the action, either through: (1) a Disciplinary Appeals Board; (2) Department procedures; or (3) grievance procedures provided through collective bargaining, depending on the type of action involved. Requires the Secretary to publish in the Federal Register any proposed regulations concerning the collective bargaining or adverse action procedures. States that Disciplinary Appeals Boards shall have exclusive jurisdiction to review any case: (1) which arises out of a question of professional conduct or competence of an employee of the Department employed on a full-time basis under a permanent appointment; and (2) in which a major adverse action was taken (suspension, transfer, reduction in grade or pay, or discharge). Gives employees involved in such a case the right to: (1) advance written notice of the charges and actions that could be taken if the charges are sustained; and (2) an opportunity to be heard both orally and in writing on such charges. Requires a decision on such case by a deciding official within 21 days after the employee's response to the charges. Allows for a delay in a proposed action for up to one year while an employee seeks counseling or treatment for a condition covered under the Rehabilitation Act of 1973. Allows the Secretary to require an employee to make a written or oral response to the charges within 30 days of receipt, with extension for good cause shown. Outlines further administrative action to be taken by the Board in a major adverse action appeal procedure, together with time limitations involved in each step. States that the Secretary's execution of the Board's decision shall be the final administrative action in the case, with the affected employee entitled to judicial review of the order or decision. Requires the Secretary to prescribe procedures for the consideration of grievances of Department employees arising from adverse actions in which each action taken either: (1) is not a major adverse action; or (2) does not arise out of a question of professional conduct or competence. States that Disciplinary Appeals Boards shall not have jurisdiction to review such matters other than as part of a mixed case. States that review of an adverse action shall be provided through either Department procedures or through grievance procedures provided through collective bargaining. Outlines the rights of employees under the Department procedures to: (1) a formal review by an impartial examiner within the Department; (2) a prompt report of findings; (3) a prompt review of the examiner's findings by a higher official; and (4) legal or other representation in adverse action reviews under grievance procedures. Requires the Secretary to appoint Disciplinary Appeals Boards to hear appeals of major adverse actions taken against full-time Department employees based on professional conduct or performance. Authorizes the chairman of such a Board to authorize disclosure to the affected employee of records or information to be reviewed during an appeal procedure. Provides for the protection of the privacy of the individuals whose records are involved. Requires the Secretary to periodically designate Department employees qualified to serve on Disciplinary Appeals Boards and to announce that a list of such qualified employees is available to any person requesting such list. Requires the Secretary to provide training in the functions and duties of such Boards and grievance procedures for employees selected to be on the panel. Title III: Miscellaneous - Requires physician assistants and expanded-function dental auxiliaries to be paid in accordance with a Nurse Schedule in effect on August 14, 1990, until the effective date of a determination by the Secretary to convert those occupations to covered positions under provisions enacted by the Department of Veterans Affairs Nurse Pay Act of 1990. Empowers the CMD with the authority to determine the rates of pay with respect to covered Department regional and central office employees in certain grades. Requires the CMD to prescribe regulations for the adjustment of basic pay rates for such employees in order to assure that those rates are sufficient and competitive. Amends the Veterans' Health Care Amendments of 1986 to extend through FY 1991 a required annual report on the furnishing of nonservice-connected health care services to veterans. Allows full-time employees of the HSRA to receive and retain amounts paid for speeches, appearances, or articles so long as no conflict of interest is created by such actions or articles. Allows the same payments to part-time employees under the same conditions. Allows the Secretary to submit an administrative reorganization plan at any time during the year. Requires a 90-day congressional notification period to expire before the Secretary may implement the reorganization. Defines a covered administrative reorganization as one involving a reduction during any fiscal year in the number of full-time equivalent employees by: (1) 15 percent or more (currently, ten); or (2) by a percent which, when added to the percentage reduction in the number of such employees at a covered office or facility for the preceding fiscal year, is 25 percent (currently, 15) or more. Requires a report from the Secretary to the veterans' committees for the reorganization of any unit of the central office of the Department that is the duty station of 30 or more employees (currently, more than 25 but less than 100). Requires judges of the U.S. Court of Veterans Appeals to receive the salary rate received by judges of the U.S. Court of Military Appeals.
United States · United States Congress · 22 January 1991
Rape and Incest Victims' Choice Resolution - Expresses the sense of the House of Representatives that Federal Medicaid (title XIX of the Social Security Act) funding should be available for the abortion of pregnancies resulting from rape or incest if such acts, considering the physical and mental state of the women involved, are reported promptly.
United States · United States Congress · 18 January 1991
National Energy Policy Act of 1991 - Title I: Provisions Related To Fuel Economy Standards - Amends the Motor Vehicle Information and Cost Savings Act to prescribe minimum average fuel economy standards for passenger and non-passenger automobiles manufactured in model years 1996 through 2000, and 2001 and beyond. Requires a 20 percent increase in average fuel economy over model year 1988 by 2000, and a 40 percent increase thereafter. Prescribes guidelines under which the Secretary of Transportation may consider petitions to modify such standards. Directs the Administrator of the Environmental Protection Agency (the Administrator) to conduct an ongoing study of the accuracy of fuel economy testing of passenger automobiles as compared to actual performance under average driving conditions. Requires the Administrator to report study results annually to certain congressional committees. Requires the Secretary of Energy to annually distribute at least 100 fuel economy data booklets to each dealer, and as many as are additionally requested. Requires the Secretary of Transportation to report to the Congress the results of a National Academy of Sciences: (1) review of the current state of research and development in the fuel economy of light trucks and passenger automobiles; and (2) assessment of the remaining potential for improving their fuel efficiency and reducing their energy consumption. Doubles the civil penalties for repeated violations of average fuel economy standards. Title II: Other Provisions Related to Energy Conservation and Provisions Related to Energy Research and Development - Amends the Public Utility Regulatory Policies Act of 1978 to provide that the rates allowed to be charged by a State-regulated electric utility shall be such that its investments in and expenditures for energy conservation, energy efficiency resources, and other demand side management measures are at least as profitable as its investments in and expenditures for the construction of new generation facilities. Requires the Secretary of Energy to report to the Congress and the President regarding a survey of State rules and policies under which State regulatory authorities: (1) require or permit gas and electric utilities to recover their investments in end-use energy efficiency improvements and their lost net revenues from the reduced energy sales caused by such improvements; and (2) assign a positive dollar value to environmental costs and benefits when evaluating gas and electric utilities' resource planning and acquisition processes. Requires such report to evaluate to what extent each State has adopted regulatory and incentive policies to ensure that end-use energy efficiency improvements will compete on equal terms with additional energy production for gas and electric utilities' future investments in energy supply. Authorizes appropriations for FY 1992 through 1996 for: (1) energy conservation; (2) solar and alternative energy; (3) enhanced oil recovery; and (4) fuel cells. Amends the Energy Policy and Conservation Act to authorize appropriations for the alternative fuels bus program from for FY 1992 through 1996. Directs the Secretary of Energy to provide funding for the purchase of alternative-fueled vehicles by State and local government agencies as well as by private entities. Sets forth a percentage schedule for Federal purchase of alternative-fueled vehicles. Requires the President to report annually to the Congress on implementation of the alternative-fueled vehicle purchase program. Authorizes appropriations for FY 1992 through 1996 for: (1) energy conservation programs for schools and hospitals; and (2) the weatherization assistance program. Amends the National Energy Conservation Policy Act to direct the Secretary of Energy to establish a revolving loan fund for loans to Federal agencies to implement the Federal energy management program. Requires loan recipients to give priority to reducing the use of refined petroleum products. Authorizes appropriations for FY 1992 through 1996. Title III: Provisions Related to Increased Petroleum Production Capacity - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy to: (1) take expedited measures so that the Strategic Petroleum Reserve will have an increased petroleum storage capacity for one billion barrels of petroleum product by September 30, 1996 (including the acquisition and leasing of private capacity); and (2) continue acquisition, transportation, storage, and injection activities until the quantity of petroleum product in the Reserve is two billion barrels by the end of FY 2002. Directs the President to report to the Congress on Western Hemisphere cooperation in energy production and conservation. Title IV: Provisions Related to Duties and Taxes - Amends the Additional U.S. Notes to chapter 27 of the Harmonized Tariff Schedule of the United States to direct the Administrator of the Energy Information Administration of the Department of Energy to determine offset amounts (the difference between $16 and any lower weighted average international price of a barrel of crude petroleum), according to prescribed guidelines. Authorizes the President to exempt petroleum goods from any Western Hemisphere country from offset amounts if the President considers that the exemption would foster cooperation among the other Western Hemisphere countries with respect to energy resources development and utilization. (This provides for an automatic increase in import duties on petroleum and petroleum products to make up for any drops in the weighted average international price of a barrel of crude petroleum below $16.) Amends the Internal Revenue Code to direct the Secretary of the Treasury to prescribe gasoline tax rates in lieu of certain fuel deficit reduction rates for any month in which certain gasoline tax rates are in effect. Sets forth rate guidelines. (This provides for a standby contingency gasoline conservation tax if the price of crude oil falls below a certain average real price of crude petroleum. Sets a ceiling on any such tax increase equal to one-half of the price fall.) Imposes a tax for the removal of crude oil from specified Federal and State Outer Continental Shelf, submerged lands, or other lands subject to competitive lease. Excepts the Strategic Petroleum Reserve from such tax. Declares that gross income shall not include certain energy and water conservation subsidies provided consumers by public utilities. Establishes the Energy Security Trust Fund to implement this Act. Establishes as a separate account in such Fund the "Low-Income Home Energy Assistance Account" to implement the Low-Income Home Energy Assistance Act of 1981.
![Official portrait of Rep. Edwards, Don [D-CA-10]](https://www.congress.gov/img/member/e000064_200.jpg)